Legal Question in Employment Law in Florida

Holding last paycheck

I was terminated from my job as a sales rep for a cookie and cracker company and was told that my inventory was $2,200.00 off. It seems that my last paycheck is being taken b/c of this. I was wondering if this is legal to keep my last paycheck. I was never given a break down of the supposed shortage but Saturday received just my pay stub, with a piece of paper showing that this last paycheck is being used toward the inventory shortage. The check was actually due to me on November 25th, I was never given any notice that I was not going to receive it, but on December 3rd, received the pay stub.

I live and worked In Florida however the main office is in North Carolina. Thank you for your help.


Asked on 1/04/06, 3:24 pm

1 Answer from Attorneys
Richard Celler Celler Legal Group

Re: Holding last paycheck

Under the Fair Labor Standards Act, it is impermissible for an employer to withhold an employee's pay for inventory shortages unless the employer has reasonable belief to suspect that the inventory/cash was stolen or misappropriated by the employee. Absent this belief/proof of theft, an employer who fails to pay an employee their final paycheck or an amount that equals at least $5.15 ($6.15 in Florida)per hour for hours worked during the final pay period violates the Federal and State labor laws. Depending on your circumstances, you may have a viable claim to recover your money from your former employer. Feel free to contact us at 866-344-WAGE (9243) or visit us at www.floridaovertimelawyer.com to fill out an on-line intake form and/or receive a copy of our free book concerning Wage and Hour Rights in the State of Florida.

Best of Luck- Richard Celler

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Answered on 1/04/06, 3:46 pm


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